What is the California Board of Chiropractic Examiners?
The Board of Chiropractic Examiners is a state agency that regulates approximately 13,000 Doctors of Chiropractic. The California Chiropractic Initiative Act created the organizational structure for the Board of Chiropractic Examiners and the initiative which is now part of the California Constitution, outlines the scope of chiropractic medicine and the conditions under which it can be regulated by the Board.
What is the Chiropractic Initiative Act?
The Chiropractic Initiatives Act was approved by California voters in 1922 and it established the right of chiropractors to practice medicine in California within the specific parameters outlined in the Initiative Act. This act is part of the constitution of the State of California and it provides broad protections for the practice of chiropractic medicine as long as the practitioner provides services as defined in the Initiative Act.
This is a different enabling statute from that which governs medical doctors or other medical professions. As with all medical boards, the chiropractic board’s stated priority is protection of the public. To protect the public the board exercises licensing, regulatory, and enforcement functions. When the board acts outside this scope of authority its conduct can be challenged.
What are the Powers of the Board of Chiropractic Examiners?
The primary methods by which the Board achieves this goal are: issuing licenses to eligible applicants; investigating complaints against licensees and disciplining licensees for violating
provisions of the laws and regulations affecting the practice. The laws and regulations can interpret the Chiropractic Initiative Act but restrictions cannot limit powers and authority granted by the 1922 Initiative Act.
What are Chiropractic Board Regulations?
The Chiropractic Initiative Act, empowers the Chiropractic Board to adopt regulations to put into effect their job of regulating chiropractic medicine for the benefit of the public. The Act, at section 10(a), authorizes the Board to, by rule or regulation, adopt, amend, or repeal the rules of professional conduct appropriate to the establishment and maintenance of a high standard of professional service and the protection of the public.
What is the Disciplinary Section of the Chiropractic Initiative Act?
Section 10(b), is the disciplinary section of the Chiropractic Initiative Act. This section authorizes the Board to refuse to grant, or suspend or revoke, a license to practice chiropractic in this state, or place the licensee upon probation or issue a reprimand to the licensee for
violation of the rules and regulations adopted by the Board. It also allows license restriction for conduct outside of chiropractic medicine that could affect safe practice.
Can Criminal Conduct Affect a Chiropractor’s License?
Criminal convictions can lead to the revocation, restriction or suspension of a chiropractic license if the conduct relates in any manner to the practice of medicine.
Examples of Criminal Cases Leading to Chiropractic License Suspension
Dr. Nicholas DeSantis of La Mesa, California was accused of Unprofessional Conduct related to a Conviction of Substantially Related Crimes (Making a Criminal Threat and Exhibiting a
Deadly Weapon). Added to that were claims of:
CCR 317(h) – Unprofessional Conduct:
Conviction of Crimes Involving Moral Turpitude, Physical Violence, or Corruption
CCR 317(e) – Unprofessional Conduct: Conduct Endangering the Public
CCR 317(k) – Unprofessional Conduct: Commission of Acts Involving Moral Turpitude,
Dishonesty, or Corruption
CCR 317(n) – Unprofessional Conduct: Making a False Statement in Connection with License
Application
Ron Wood of Burbank, California had an order issued against him on 6/17/2024 Revoking or suspending Chiropractor License Number DC 22897 based upon Sexual Misconduct which included assertions relating to an in office massage. Other cited grounds were:
• CCR 317(a) – Unprofessional Conduct: Gross Negligence
• CCR 317(k) – Unprofessional Conduct: Acts Involving Moral Turpitude
• CCR 317 – Unprofessional Conduct
Erika Bonilla of San Clemente, California had her license revoked for Unprofessional Conduct:
Conviction of Substantially Related Crime (Make False or Fraudulent Claim for Payment of Health) it also included claims of receiving a Care Benefit and Make Statement in Support of
False Claim)
• CCR 317(k) – Unprofessional Conduct: Commission of Acts Involving Moral Turpitude,
Dishonesty, or Corruption
• CCR 317(l) – Unprofessional Conduct: Making a False Statement Relating to the Practice of
Chiropractic
• CCR 317(q) – Unprofessional Conduct: Fraud
This arose out of a criminal case. The case was the People of the State of California v. Erika Bonilla, Orange County Superior Court case number 23CF2760, Respondent was charged with multiple counts of violating Penal Code section 550, subdivision (a)(6) (make false or fraudulent claim for payment of health care benefit) [Counts 1-4] and Penal Code section 550, subdivision (a)(5) (make statement in support of false claim). On December 15, 2023, Respondent was convicted on her plea of guilty to Counts 1-4 and was sentenced to supervised probation for a period of two years.
The Best Chiropractor Defense Lawyer in California
Daniel Horowitz is the premier chiropractor defense attorney in California. Working with chiropractor and law school graduate Michael Yates, Daniel has successfully defended chiropractors against the board and criminal charges. He won the famous Stockton MUA case saving over a hundred chiropractors from criminal prosecution. Daniel has recovered millions of dollars from the board and insurance companies who targeted chiropractors in California.